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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Do you have contents insurance please?
yes but does not cover this hotel incident
Does it not cover away from home cover?
I see. The 16 year old, why did she have the key?
when we went into the restaurant she overheard us saying our room number to the waiter an then wen to reception and said room 244 please and reception gave them our key
But only 2 adults checked in?
yes thats right they didnt even request a name just gave her the key
Potentially they are negligent by doing this. As such my view is that you should write and ask for the cost of a replacement and say that if they refuse then you would go to Court.
people are telling negligent is hard to prove
Make sure you send this recorded delivery and send keep a copy. If they refuse then you can issue proceedings either online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court would then issue the claim and they would have a limited time to defend it, otherwise Judgment can be entered. If they defend it then it would be set down for a hearing. As long as it is not for £10,000 or more it would be a small claim and you would not need legal representation
To show negligence you have to show:
1) they owed you a duty
2) they breached it
3) you had a loss as a result
It would appear they did breach their duty by giving the key without asking for a name
Can I clarify anything for you about this today please?
youve been very helpful - will this cost me anything at court
There is an issue fee and hearing fee depending on how much it is:
If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex